base amount

(6)The term “base amount” means the following: (A)In the case of a person who dies after becoming entitled to retired pay, such term means the amount of monthly retired pay (determined without regard to any reduction under) to which the person— (i)was entitled when he became eligible for that pay; or (ii)later became entitled by being advanced on the retired list, performing active duty, or being transferred from the temporary disability retired list to the permanent disability retired list. (B)In the case of a person who would have become eligible for reserve-component retired pay but for the fact that he died before becoming 60 years of age, such term means the amount of monthly retired pay for which the person would have been eligible— (i)if he had been 60 years of age on the date of his death, for purposes of an annuity to become effective on the day after his death in accordance with a designation made undersection 1448(e) of this title; or (ii)upon becoming 60 years of age (if he had lived to that age), for purposes of an annuity to become effective on the 60th anniversary of his birth in accordance with a designation made undersection 1448(e) of this title. (C)Such term means any amount less than the amount otherwise applicable under subparagraph (A) or (B) with respect to an annuity provided under the Plan but which is not less than $300 and which is designated by the person (with the concurrence of the person’s spouse, if required under) providing the annuity on or before— (i)the first day for which he becomes eligible for retired pay, in the case of a person providing a standard annuity, or (ii)the end of the 90-day period beginning on the date on which he receives the notification required bysection 12731(d) of this titlethat he has completed the years of service required for eligibility for reserve-component retired pay, in the case of a person providing a reserve-component annuity.

Source

10 USC § 1447(6)


Scoping language

In this subchapter
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